Association for Molecular Pathology v. United States Patent & Trademark Office

467 F. App'x 890

• Court: Court of Appeals for the Federal Circuit
• Decided: April 30, 2012
• Docket: 2010-1406
• Status: Unpublished

Opinion

ORDER

On March 26, 2012, the Supreme Court of the United States vacated this court’s judgment and remanded the case to this court for further proceedings in light of Mayo Collaborative Services v. Prometheus Laboratories, Inc., — U.S. — -, 132 S.Ct. 1289, 182 L.Ed.2d 321 (2012).

Upon consideration thereof,

It is Ordered that:

(1) The court’s opinion of July 29, 2011, is vacated, the mandate of this court issued on September 23, 2011, is recalled, and the appeal is reinstated.

(2) The parties are requested to file simultaneous supplemental briefs, not exceeding 20 pages, not later than June 15, 2012, addressing the following issue: What is the applicability of the Supreme Court’s decision in Mayo to Myriad’s isolated DNA claims and to method claim 20 of the '282 patent?

(3) An original and eleven copies of supplemental briefs shall be filed, and two copies of each brief shall be served on opposing counsel.

(4) Briefs of amici curiae will be entertained, limited to 15 pages and due not later than June 15, 2012, and any such amicus briefs may be filed without consent and leave of court but otherwise must comply with Federal Rule of Appellate Procedure 29 and Federal Circuit Rule 29. The United States is expressly invited to file an amicus brief.

(5) Oral argument will be held at 10:00 a.m. on July 20, 2012.